United States of America v. Approximately 50,000 Shares of Brookstone Capital, Inc. Common Stock

Filing 22

STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 7/1/09: The time in which the United States is required to file a civil complaint for forfeiture is extended to October 2, 2009. (Kaminski, H)

1 LAWRENCE G. BROWN 2 ELLEN V. ENDRIZZI

Acting United States Attorney Assistant U.S. Attorney

3 501 I Street, Suite 10-100 4 Telephone: [phone] 10 11 12 13 14 15 16 17 18
v. UNITED STATES OF AMERICA, Plaintiff,

Sacramento, California 95814

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

2:07-MC-00031-FCD-DAD STIPULATION AND ORDER EXTENDING THE UNITED STATES' TIME TO FILE A COMPLAINT FOR FORFEITURE AND/OR TO OBTAIN AN INDICTMENT ALLEGING FORFEITURE

50,000 SHARES OF BROOKSTONE CAPITAL, INC. COMMON STOCK HELD IN THE NAME OF MATRIXX INVESTMENT GROUP, LLC, Defendant.

It is hereby stipulated by and between the United States of

19 America and Claimant Joshua Coffman ("Claimant"), by and through 20 their respective attorneys, as follows: 21
1. On or about January 18, 2007, Claimant filed a claim, in

22 the administrative forfeiture proceeding, with the Internal Revenue 23 Service ("IRS") regarding the 50,000 shares of Brookstone Capital, 24 Inc. common stock, held in the name of Matrixx Investment Group, 25 LLC (the "Shares"), which were seized on or about November 14, 26 2006. 27
2. The IRS has sent written notice of intent to forfeit, as

28 required by 18 U.S.C. § 983(a)(1)(A), to all known interested

1 parties.

The time has expired for any person to file a claim to

2 the Shares under 18 U.S.C. § 983(a)(2)(A)-(E), and no person other 3 than the Claimant has filed a claim to the Shares, as required by 4 law in the administrative forfeiture proceeding. 5
3. Under 18 U.S.C. § 983(a)(3)(A), the United States is

6 required to file a complaint for forfeiture against the Shares 7 and/or to obtain an indictment alleging that the Shares are subject 8 to forfeiture within 90 days after a claim has been filed in the 9 administrative forfeiture proceeding, unless the Court extends the 10 deadline for good cause shown or by agreement of the parties. 11
4. By Stipulation and Order filed April 17, 2007, the parties

12 stipulated to extend to July 17, 2007, the time in which the United 13 States is required to file a civil complaint for forfeiture against 14 the Shares and/or to obtain an indictment alleging that the Shares 15 are subject to forfeiture. 16
5. By Stipulation and Order filed July 6, 2007, the parties

17 stipulated to extend to October 15, 2007, the time in which the 18 United States is required to file a civil complaint for forfeiture 19 against the Shares and/or to obtain an indictment alleging that the 20 Shares are subject to forfeiture. 21
6. By Stipulation and Order filed September 27, 2007, the

22 parties stipulated to extend to January 11, 2008, the time in which 23 the United States is required to file a civil complaint for 24 forfeiture against the Shares and/or to obtain an indictment 25 alleging that the Shares are subject to forfeiture. 26
7. By Stipulation and Order filed December 18, 2007, the

27 parties stipulated to extend to April 10, 2008, the time in which 28 the United States is required to file a civil complaint for
2

1 forfeiture against the Shares and/or to obtain an indictment 2 alleging that the Shares are subject to forfeiture. 3
8. By Stipulation and Order filed March 20, 2008, the parties

4 stipulated to extend to July 9, 2008, the time in which the United 5 States is required to file a civil complaint for forfeiture against 6 the Shares and/or to obtain an indictment alleging that the Shares 7 are subject to forfeiture. 8
9. By Stipulation and Order filed July 1, 2008, the parties

9 stipulated to extend to October 7, 2008, the time in which the 10 United States is required to file a civil complaint for forfeiture 11 against the Shares and/or to obtain an indictment alleging that the 12 Shares are subject to forfeiture. 13
10. By Stipulation and Order filed September 29, 2008, the

14 parties stipulated to extend to January 5, 2009, the time in which 15 the United States is required to file a civil complaint for 16 forfeiture against the Shares and/or to obtain an indictment 17 alleging that the Shares are subject to forfeiture. 18
11. By Stipulation and Order filed December 29, 2008, the

19 parties stipulated to extend to April 6, 2009, the time in which 20 the United States is required to file a civil complaint for 21 forfeiture against the Shares and/or to obtain an indictment 22 alleging that the Shares are subject to forfeiture. 23
12. By Stipulation and Order filed April 2, 2009, the parties

24 stipulated to extend to July 6, 2009, the time in which the United 25 States is required to file a civil complaint for forfeiture against 26 the Shares and/or to obtain an indictment alleging that the Shares 27 are subject to forfeiture. 28
3

1

13.

As provided in 18 U.S.C. § 983(a)(3)(A), the parties

2 stipulate and agree to further extend to October 2, 2009, the time 3 in which the United States is required to file a civil complaint 4 for forfeiture against the Shares and/or to obtain an indictment 5 alleging that the Shares are subject to forfeiture. 6
14. Accordingly, the parties agree that the deadline by which

7 the United States shall be required to file a complaint for 8 forfeiture against the Shares and/or to obtain an indictment 9 alleging that the Shares are subject to forfeiture shall be 10 extended to October 2, 2009. 11 DATED: 6/30/09 12 13 14 15 16 17 DATED: 6/29/09 18 19 20 21 22
/s/ John Balazs JOHN BALAZS, ESQ. Attorney for Claimant Joshua Coffman (Original signature retained by attorney) ORDER The time in which the United States is required to file a By: Respectfully submitted, LAWRENCE G. BROWN Acting United States Attorney /s/ Ellen V. Endrizzi ELLEN V. ENDRIZZI Assistant U.S. Attorney

23 civil complaint for forfeiture against 50,000 shares of Brookstone 24 Capital, Inc. common stock, held in the name of Matrixx Investment 25 Group, LLC (the "Shares") and/or to obtain an indictment alleging 26 that the Shares are subject to forfeiture, is extended to 27 /// 28 ///
4

1 October 2, 2009, as agreed to by the parties, pursuant to 2 18 U.S.C. § 983(a)(3)(A). 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
5 IT IS SO ORDERED.

4 DATED: July 1, 2009
FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE